Download or read book A Conceptual Approach to California Summary Judgment written by Thomas Kallay and published by iUniverse. This book was released on 2012-06 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary judgment is a sophisticated and important procedural device; in "A Conceptual Approach to California Summary Judgment," author Thomas Kallay provides a detailed analysis and explanation of how this procedure is used in California. Kallay identifies its fundamental components and concepts and shows how these interact with each other. This study also explores the relationship of California summary judgment to other procedural devices. It discusses: direct, circumstantial, and admissible evidence; the presentation of evidence; material and ultimate facts; the burden of the moving party and opposing party; evaluation of opponent's evidence; evenly balanced influences; summary adjudication; summary judgment, directed verdict, and the constitution; the burdens of production and persuasion; the appeal. Geared toward law students and lawyers, "A Conceptual Approach to California Summary Judgment" provides a comprehensive overview of this significant component of California law. The cornerstone of summary judgment is evidence. First, both the party moving for summary judgment and the opponent of the motion must rely on evidence. Second, the court must determine the motion based on the evidence presented. The courts have held from time to time that the parties to a motion for summary judgment must rely on "evidentiary facts." This is another way of saying that the parties and the court must rely on admissible evidence. ... With one exception, evidence for the purposes of summary judgment is no different from evidence presented at trial.
Download or read book A Conceptual Approach to California Summary Judgment written by Thomas Kallay and published by iUniverse. This book was released on 2012-06-27 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary judgment is a sophisticated and important procedural device; in A Conceptual Approach to California Summary Judgment, author Thomas Kallay provides a detailed analysis and explanation of how this procedure is used in California. Kallay identifies its fundamental components and concepts and shows how these interact with each other. This study also explores the relationship of California summary judgment to other procedural devices. It discusses: direct, circumstantial, and admissible evidence; the presentation of evidence; material and ultimate facts; the burden of the moving party and opposing party; evaluation of opponents evidence; evenly balanced influences; summary adjudication; summary judgment, directed verdict, and the constitution; the burdens of production and persuasion; the appeal. Geared toward law students and lawyers, A Conceptual Approach to California Summary Judgment provides a comprehensive overview of this significant component of California law. The cornerstone of summary judgment is evidence. First, both the party moving for summary judgment and the opponent of the motion must rely on evidence. Second, the court must determine the motion based on the evidence presented. The courts have held from time to time that the parties to a motion for summary judgment must rely on evidentiary facts. This is another way of saying that the parties and the court must rely on admissible evidence. With one exception, evidence for the purposes of summary judgment is no different from evidence presented at trial.
Download or read book California Summary Judgment 2010 written by Stephen G. Blitch and published by . This book was released on 2010-06-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book California Civil Procedure written by Walter W. Heiser and published by LexisNexis/Matthew Bender. This book was released on 2005 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Point Made written by Ross Guberman and published by Oxford University Press. This book was released on 2014-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
Download or read book The Concept of Ordered Liberty and the Common Law Due Process Tradition written by Matthew W. Lunder and published by Rowman & Littlefield. This book was released on 2021-01-12 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.
Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Court of Appeal 6th Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Appeal Case(s): Consolidated Case(s): Number of Exhibits: 2
Download or read book California Court of Appeal 4th Appellate District Division 1 Records and Briefs written by California (State). and published by . This book was released on with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Number of Exhibits: 1
Download or read book Dupont on Connecticut Civil Practice written by Ralph P. Dupont and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Case Management Judicial Guide written by and published by . This book was released on 2009 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book U C Davis Law Review written by University of California, Davis. School of Law and published by . This book was released on 1995 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fundamentals of California Litigation for Paralegals written by Marlene A. Maerowitz and published by Wolters Kluwer. This book was released on 2007-06-22 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of Maerowitz and Mauet's Fundamentals of CaliforniaLitigation for Paralegals gives students a complete explanation ofCalifornia specific litigation. Clearly written with the student in mind, thetext makes the material accessible while the accompanying workbook and formsput theory into practice.These features make this text an appealing choice:* offers a complete understanding of the litigation process fromthe time the client walks into the office through trial and post-judgment,including settlements and alternative forms of resolutions* balanced approach neither oversimplifies the litigationprocess, nor clouds the educational course with excessive information* pedagogical aids such as bold-faced terms defined in theglossary; examples; charts and checklists; sample documents; chapter overviewsand summaries; and review questions are featured throughout the text* tailored to the California rules with each chapter referencingthe specific California statute where more information can be found,and California forms included throughout* provides opportunities for the instructor to pick and choose whichareas to emphasize* a workbook on CD accompanies the text and includes five casescenarios based on California law along with associated Judicial Council formsto be used as practical exercises* Instructor's Manual provides answers to the questionsposed in the workbook and book, as well as a test bank of questions thatinclude true-false, short answer and essay questions so that theinstructor can choose the type of test to give. Projects for research andwriting, sample forms, and suggested course outlines are also includedChanges to the Third Edition include:* chapters on motions and discovery tools have been broken down intoseparate sections so that they are both easier for the student to understandand digest, and easier for the instructor to teach* depositions, interrogatories, and document productionhave been included and demurrers, motions to strike, and summaryjudgment have been broken out into separate sections* more information included on litigation management systems andhow to use such systems to index and retrieve documents in large cases* reflects most recent changes in the California rulesThis student-friendly text offers a teachable approach to the subject ofCalifornia litigation. The content is neither oversimplified nor saturatedwith excess information which allows for a smooth introduction.Fundamentals of California Litigation for Paralegals, Third Edition offersa complete understanding of the litigation process, allowing students to walkaway with a firm understanding of the complete picture.
Download or read book Quality written by Ivan Barofsky and published by Springer Science & Business Media. This book was released on 2011-10-02 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quality, as exemplified by Quality-of-life (QoL) assessment, is frequently discussed among health care professionals and often invoked as a goal for improvement, but somehow rarely defined, even as it is regularly assessed. It is understood that some medical patients have a better QoL than others, but should the QoL achieved be compared to an ideal state, or is it too personal and subjective to gauge? Can a better understanding of the concept help health care systems deliver services more effectively? Is QoL worth measuring at all? Integrating concepts from psychology, philosophy, neurocognition, and linguistics, this book attempts to answer these complex questions. It also breaks down the cognitive-linguistic components that comprise the judgment of quality, including description, evaluation, and valuations, and applies them to issues specific to individuals with chronic medical illness. In this context, quality/QoL assessment becomes an essential contributor to ethical practice, a critical step towards improving the nature of social interactions. The author considers linear, non-linear, and complexity-based models in analyzing key methodology and content issues in health-related QoL assessment. This book is certain to stimulate debate in the research and scientific communities. Its forward-looking perspective takes great strides toward promoting a common cognitive-linguistic model of how the judgment of quality occurs, thereby contributing important conceptual and empirical tools to its varied applications, including QoL assessment.
Download or read book Monthly Labor Review written by and published by . This book was released on 1980 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publishes in-depth articles on labor subjects, current labor statistics, information about current labor contracts, and book reviews.
Download or read book BNA s Patent Trademark Copyright Journal written by and published by . This book was released on 2005 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
